Welcome to Humankind Technologies!
Humankind Technologies (“we,” “us,” “our”) helps our Clients communicate with their customers (“Customers”) by sending personalized text messages about our Clients’ product offerings.
Humankind Technologies’ “Services” as described above are offered via our Humankind Technologies platform available on our two consumer-facing pages—our “Quiz Pages” and our “Custom Landing Pages.” Services includes all services offered or provided by Humankind Technologies to you regardless of platform or medium and includes any content, functionality, and services offered on or through the platform whether existing now or later created.
Please take a moment to read our Terms and Conditions (the “Terms”) below, which form a binding contract between You and Humankind Technologies and govern your use of Humankind Technologies’ Services.
PLEASE READ ALL TERMS CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH HEREININ AND IN OUR PRIVACY POLICY, FOUND AT gethumankind.com/privacy (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT OR OF THE PRIVACY POLICY, YOU MUST NOT USE THE SERVICES.
Terms and Conditions
Accessing Our ServicesWe offer our Services to those who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age and capacity to form a binding contract with Humankind Technologies and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not use the Services.
To access the Services, we may ask You to provide registration information. You agree that any registration information You provide is accurate and complete, and You agree that registration information is governed by our Privacy Policy.
When You register, You may provide Humankind Technologies with certain information, such as Your name, address, email, or phone number (“Personal Information”). Although we protect Your Personal Information and account credentials in accordance with our Privacy Policy, it is Your responsibility to help protect Your information, and you should never share your Personal Information or credentials with other people.
You are responsible for maintaining the confidentiality of your account credentials, if any, and are fully responsible for any and all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any account at any time in our sole discretion, including if, in our opinion, we believe an account has been compromised; an account is at risk of third-party fraud; and/or You have violated any provision of the Terms.
Using Our Services
We are here to connect our Clients to You, but we are not a party to any purchase or transaction.
Our Services give you the ability to text with an expert for personalized recommendations and we will text you back product suggestions for your consideration on behalf of our Clients. We may also send you marketing messages that may be of interest to you on behalf of our Clients. You acknowledge and agree that by providing a valid phone number to us and checking the checkbox on our registration form, you are providing express written consent to contact you, by SMS or MMS text messaging, at the number provided to convey both informational and/or marketing messages we deem may be of interest to you. Your consent is not required as a condition of purchasing any property, goods, or services from us. You acknowledge that the number you provide is valid and that you have not revoked consent to receive informational and/or marketing messages. You further acknowledge and agree that by providing your contact information to us and using our Services, you have an established business relationship with us and our Clients, such that the national and various state do-not-call laws and regulations will not apply to text messages that we send to you. If you do not want us to text you with marketing messages, you may reply STOP to any message sent to you, and we will update your preference accordingly. If you require further assistance, you may contact us at [email protected].
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Although we expect You to use our Services in a way that best suits Your goals and expectations, we reserve the right to manage Your use of the Services in some circumstances. For example, if you cancel Your account or Your account is terminated, we have an obligation to ensure that Your Personal Information is deleted from all Humankind Technologies systems. As discussed above, we may also exercise control over Your account in response to account compromise, fraudulent activity, or violation(s) of these Terms.
Finally, by using our Services you agree that we may share your Personal Information with our Clients in limited circumstances and in accordance with our Privacy Policy. We may need to share your Personal Information with our service providers and other vendors in order to verify your identity, comply with legal obligations, or otherwise provide the Services to You. We will not, however, sell your information to third parties.
You acknowledge that we may establish other general practices and limits concerning Your use of the Services, and you agree that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Interacting with Our Services
Links to Third Parties
You may use Services solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Agreement we provide with respect to such features. Subject to the foregoing, You must not:
• Establish a link from any website that is not owned by You
• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Services.
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Furthermore, the inclusion of these hyperlinks is not intended to reflect their importance or to endorse the content therein. The inclusion of these links is also not intended to endorse the views expressed, or the products or services offered, on the websites. Please note that privacy policies on these websites may differ from the Humankind Technologies’ privacy policy.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our Services also help you find, make requests to, or interact with our Clients, and you understand that by using our Services you are directing them to make content available to you and send you personalized text messages about our Clients’ product offerings.
Monitoring Interactions with Our Services
Your communications with Humankind Technologies and/or our Clients must not:
• contain offensive, defamatory, violent, or otherwise objectionable material;
• promote sexually explicit, pornographic, violent, or discriminatory material;
• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violate the law or promote illegal activity;
• annoy, inconvenience, or embarrass any other person;
• impersonate any person or misrepresent your identity or affiliation with any person or organization;
• involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions.
The Services allow you to send certain communications to our Clients, including via short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “Messaging Services”). You will only use the Messaging Services in compliance with this Agreement, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
Prohibited Uses
You further agree not to use the Services:
in a way that violates any applicable laws;
for the purpose of exploiting or harming (or attempting to exploit or harm) minors;
to transmit any advertising or promotional material (e.g., junk mail, chain letters, spam, etc.) without prior written consent;
to use the Services in a way that could disable, damage, or impair the Services or interfere with any other party’s use of the Services;
use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Services.
We do not review material before it is submitted on the Services and cannot ensure prompt removal of objectionable material after it has been submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
YOU WAIVE AND RELEASE HUMANKIND TECHNOLOGIES AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Marketplace Risk
We are not affiliated with or endorsed by any Client made available through the Service. Beyond its capacity as a marketplace and technology platform, we are not involved in any transaction between Clients and You, and we do not act as a Client or Customer with respect to any transactions. There are risks that you assume when dealing with our Clients (including those who may be acting under false pretenses) and all of these risks are borne by you, and not Humankind Technologies. We encourage you to use the various functionalities of the Service to help evaluate the Client with whom you are dealing.
Miscellaneous Agreements
Intellectual Property Rights and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Humankind Technologies, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Humankind Technologies from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Humankind Technologies, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Humankind Technologies.
The Humankind Technologies name and logos are trademarks and service marks of Humankind Technologies (collectively the “Humankind Technologies Trademarks”). Other Humankind Technologies, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Humankind Technologies. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Humankind Technologies Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Humankind Technologies Trademarks will inure to our exclusive benefit.
Your Communications Transmitted Through the Service
With respect to your communications, you represent and warrant that you own all right, title and interest in and to such communications, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Humankind Technologies, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Reliance on Information
The information presented on or through the Services is made available solely for general information and personalized marketing purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Compliance with Law
You understand and agree that Humankind Technologies only provides a technology platform connecting you with others if you are interested in their products and/or services. You acknowledge and agree that Humankind Technologies has no responsibility or liability for any of your acts or omissions. Humankind Technologies will not assess or guarantee the suitability, legality or ability of any products and/or services. Humankind Technologies does not and will not verify your compliance with applicable laws or regulations.
Indemnification
You agree to release, indemnify and hold Humankind Technologies and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, HUMANKIND TECHNOLOGIES, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, ATTORNEYS, MEMBERS SHAREHOLDERS AND ASSIGNS (collectively the “LIMITED LIABILITY PARTIES”) EXPRESSLY DISCLAIM AND IN NO EVENT WILL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE LIMITED LIABILITY PARTIES (AS DEFINED ABOVE) EXPRESSLY DISCLAIM AND IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA RESULTING FROM, RELATING TO OR IN ANY WAY ARISING OUT OF YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUMANKIND TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HUMANKIND TECHNOLOGIES MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Governing Law and Jurisdiction
All matters relating to the Services and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Humankind Technologies of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Humankind Technologies to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.Entire AgreementThese Terms, our Privacy Policy, and if applicable, any other incorporated agreements constitute the sole and entire agreement between you and Humankind Technologies regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Feedback and Changes to the Terms
We appreciate feedback from You and our Clients regarding any of our Services. Any feedback comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
